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Agency’s definition of “moral turpitude” unchanged by case law.

Topic: Professional Licensing, Decided by Judge Brown 
Docket Number: 1624258 , Decision Date: 2016-03-15 
Attachment: Click here to download the decision. 

A Department of Driver Services regulation prohibits recertification of a DUI Program Instructor or Director who has been convicted of a crime of “moral turpitude.”  At the time the regulation was promulgated, Georgia courts held that the phrase encompassed shoplifting, and that a witness could [..] Read More..

Roadblock documentation may be admitted without testimony of supervising officer

Topic: DUI, Decided by Judge Brown 
Docket Number: 1625955 , Decision Date: 2016-02-02 
Attachment: Click here to download the decision. 

The state need not produce the testimony of the supervising officer who implemented an administrative roadblock in order for documentation authorizing the roadblock to be admissible.  Testimony of a trooper who was involved in executing the roadblock at issue was sufficient to lay the foundation [..] Read More..

Review is limited to allegations described in the notification of adverse action.

Topic: Nurse Aide Registry, Decided by Judge Brown 
Docket Number: 1615989 , Decision Date: 2016-01-11 
Attachment: Click here to download the decision. 

The principles of due process require that an individual receive meaningful notice of the allegations of misconduct.  Accordingly, where the notification of adverse action indicated that a certified nurse aide’s name would be placed on the nurse aide registry for abuse, the Court would not [..] Read More..

County Nurse Manager dismissed for serious mismanagement of local health department.

Topic: Employment, Decided by Judge Brown 
Docket Number: 1520671 , Decision Date: 2015-04-06 
Attachment: Click here to download the decision. 

Petitioner, a county nurse manager, was demoted and reassigned for training based upon allegations of an employee under her direct supervision, later corroborated by other employees, that she demonstrated a lack of work ethic, competence, and professionalism.  Petitioner was subsequently terminated after the nursing managers [..] Read More..

Reimbursement denied where provider failed to document that inpatient services met program criteria.

Topic: Health Law, Decided by Judge Brown 
Docket Number: 1450910 , Decision Date: 2014-12-23 
Attachment: Click here to download the decision. 

Crisp Regional Hospital, a Medicaid-enrolled provider, did not document the medical necessity of services provided to a patient in its care.  Specifically, the hospital did not write on “utilization review notes” that the patient met “severity of illness or intensity of service” criteria for the [..] Read More..

CNA Supervisor’s removal of a resident from dining room during cleaning was not neglect.

Topic: Nurse Aide Registry, Decided by Judge Brown 
Docket Number: 1501921 , Decision Date: 2014-10-24 
Attachment: Click here to download the decision. 

Petitioner’s conduct in removing a wheelchair-bound resident from a room by force during potentially-hazardous cleaning operations did not amount to neglect.  Petitioner exhausted reasonable alternatives before removing the resident and acted out of concern for the resident’s safety.  Accordingly, the Department of Community Health (DCH) [..] Read More..

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